A Second Preference applicant must generally have a labor certification approved by the Department of Labor. A job offer is required and the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant. Applicants may apply for an exemption, known as a National Interest Waiver, from the job offer and labor certification if the exemption would be in the national interest. Professionals Holding Advanced Degrees and Persons of Exceptional Ability receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference category.
There are two subgroups within this category:
Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession.
Persons with exceptional ability in the sciences, arts, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
EB2 Visa Benefits
You can have legal permanent residency in the United States.
The EB2 visa allows qualified individuals to gain legal permanent residence in the United States. Having permanent residence in the United States gives you many benefits. Some of these benefits include in-state college tuition, easier travel, and more stability in your immigration status. It also puts you on the track for potential US citizenship.
The process is relatively fast.
The EB2 visa is the fastest path to permanent residency for many people. The processing times for the EB2 visa will be discussed later in under “How long does it take to get an EB2 visa?”
Your spouse and dependent children are eligible to come to the United States.
Your spouse and unmarried children under 21 is eligible for E-2 status. Your children are eligible to attend school and your spouse and are eligible to work in the United States.
EB2 Visa Requirements
There are many requirements for an EB2 visa. Additionally, depending upon the category, the requirements will vary.
You must have an advanced degree or its equivalent.
This requires that you have a master’s degree or above. If you have only a bachelor’s degree, you must have at least 5 years of work experience in progressively more difficult positions.
You must have a valid job offer.
You must have a valid job offer from a US company willing to sponsor you.
The job offer must be in the field where you have an advanced degree.
The job must be in the same field as your academic/professional experience.
The requirements for the EB2B category are:
You must have exceptional ability. This can be in the sciences, arts, or business. This is shown by meeting at least three of the following requirements:
An academic degree in the field
10 years of full-time experience in the field
License or certificate to practice in the field
A salary suggestive of exceptional ability
Membership in a professional association related to the field
Recognition in the field from experts
Other comparable evidence of exceptional ability
You must have a valid job offer.
You must have a valid job offer from a US company willing to sponsor you.
The job offer must be in the field where you have exceptional ability.
The duties of the job must involve the area where you have exceptional ability.
EB2 Visa process
There are several steps involved in the EB2 visa application process. The following is a general list of the EB2 visa application process. Each step will then be discussed in more detail. My team and I would be happy to answer any questions you have about this process.
These steps include but are not limited to:
Permanent Labor Certification
Complete and submit Form I-140
Final Green Card Interview (either at US Consulate or with USCIS)
PERM Labor Certification
Both the EB2A and EB2B visas require an employer sponsor to submit your application and your sponsor must fill out a PERM labor certification.
The purpose of the PERM labor certification is to protect US workers and the US job market. You must have an approved PERM labor certification before you can submit any other documents. This is done by submitting Form ETA 9089 to the Department of Labor.
Before you can submit your PERM labor certification, you must do several things. Firstly, there must be a valid job offer from the company to the beneficiary. Secondly, the company must obtain a prevailing wage determination. This states the bare minimum that the company must pay the beneficiary. Thirdly, the company must prove that there are no qualified American workers for the job.
This third step requires the most work. Firstly, you must submit a job order to the State Workforce Agency (SWA). This job order must be available for at least 30 days. You must place an advertisement for the job on 2 consecutive Sundays in a newspaper. This newspaper must be widely circulated in the job area. One of these Sunday advertisements can be replaced if you put an ad in a relevant professional journal.
You must also advertise in at least three of the following:
At job fairs
On your website
On other job search websites
On school campuses
Through professional organizations
Through private firms
Through referral programs
In campus career offices
In other newspapers
On radio or television
You must keep all documents related to your PERM labor certification application for up to 3 years. This is in case you are selected for an audit.
Complete and submit Form I-140
After receiving notice that your PERM labor certification is approved, the petitioner needs to submit Form I-140. This should be filed with US Citizenship and Immigration Services (USCIS). The appropriate USCIS service center will depend on the location of the employer.
Along with Form I-140, you should submit all filing fees and other relevant documents.
Interview with USCIS or a US Consulate
If your Form I-140 is approved by USCIS, you will receive Form I-797. This means that you are allowed to apply at a US consulate for an EB2 visa. You will receive an EB2 priority date. The exact date will depend on how many other people are also applying for an EB2 visa. Once your date arrives, you will schedule and go to an interview at a US consulate or if you are lawfully present inside the US, you will apply for an adjustment of status.
The US consular officer will interview you. They will ask questions about what you will be doing in the United States to confirm your eligibility. If you are approved, you will be able to go to the United States as a permanent resident under an EB2 visa.
Again, if you are already in the United States when your EB2 priority date becomes current, the process is slightly different. Once your Form I-140 is approved and your EB2 priority date arrives, you will submit Form I-485. This form deals with changes of status relating to permanent residence. Form I-485 will also be submitted to USCIS. Once USCIS approves Form I-485, you will be able to have EB2 permanent resident status in the United States.
What Documents are Required for an EB2 visa?
There are many documents that may be required for an EB2 visa application. The following is a general list. However, the specific forms that you will need will depend on your specific situation. My team and I would be happy to help you determine which documents would be appropriate for your situation.
Evidence of academic degrees
Articles or publications by or about you
Letters from experts in the field
Copies of contracts between the employer and beneficiary
Letters from current or previous employers
Evidence of grants or patents
What Forms are Required to Apply for an EB2 Visa?
There are several forms that are required for an EB2 visa. Some of which are discussed below. My team and I would be happy to answer any questions about these forms. We would also be happy to assist you with any of these documents.
Form ETA-9089
Form ETA-9089 is the Application for Alien Employment Certification. This form is submitted as part of the PERM labor certification. It must be approved before you can submit a petition. The only time Form ETA-9089 does not need to be completed is if you are filing for a national interest waiver (EB2-C). This form is completed by the US employer. Approval means that the job is not hurting any American workers.
Form I-140
Form I-140 is the Immigrant Petition for Alien Workers. This form is filed by the US employer on behalf of the beneficiary. The only time a beneficiary may fill out this form is if they are filing for the national interest waiver (EBC-2) and are filing as a self-petitioner.